[Ord. No. 20-21, 12-16-2020]
A.
Intent And Purpose.
1.
The purpose of the Planned Development District is to provide
a means of achieving greater flexibility in residential and commercial
development of land in a manner not possible in conventional zones;
to encourage a more imaginative and innovative design of projects;
to promote a more desirable community environment; and to retain maximum
control over both the structure and future operation of the development.
2.
The Board of Aldermen, upon receiving recommendations of the
Planning and Zoning Commission, may by ordinance authorize a Planned
Development District when the proposed development or use of a specific
tract of land or area warrants greater flexibility, control and density
than is afforded under the general regulations of standard zoning
districts. These planned development regulations are not intended
to allow excessive densities or the development of incompatible land
uses, either within the development or as the development relates
to the general neighborhood.
3.
The City may, upon proper application, approve a planned development
for a site of at least two (2) acres to facilitate the use of flexible
techniques of land development and site design by providing relief
from zoning requirements designed for conventional developments in
order to obtain one (1) or more of the following objectives:
a.
Environmental design in the development of land that is of a
higher quality than is possible under the regulations otherwise applicable
to the property.
b.
Diversification in the uses permitted and variation in the relationship
of uses, structures, open space, and height of structures in developments
intended as cohesive, unified projects.
c.
Functional and beneficial uses of open space areas.
d.
Preservation of natural features of a development site.
e.
Creation of a safe and desirable living environment for residential
areas characterized by a unified building and site development program.
f.
Rational and economic development in relation to public services.
g.
Efficient and effective traffic circulation, both within and
adjacent to the development site.
B.
Relationship Of Planned Development Districts To The Zoning Map.
1.
A Mapped District. The "PD" designation is intended to be attached
to existing use districts as an overlay.
2.
Plan Approval Required. Although the "PD" designation may be
applied to parcels of land as a mapped zoning district, it is the
intent of this Chapter that no development or redevelopment of the
property encompassed by the "PD" designation take place until an acceptable
development plan has been reviewed and approved in conformance with
the requirements of this Section. Any pre-existing uses within the
area encompassed by the "PD" designation shall have the status of
non-conforming uses, until such time as they are included in an approved
development plan.
3.
Overall Development Site Size. In addition to the requirements
as outlined above for individual uses within a Planned Development
District, the minimum overall site size required for such planned
development as a whole shall be two (2) acres.
4.
Types Of Planned Developments.
a.
All areas of the City subject to the "PD" designation shall
be assigned one (1) of the following subclassifications which shall
be considered a separate use district and subject to the specific
restrictions and limitations outlined in this Section.
(1)
Planned Residential Development ("PD-R"): Planned
developments involving residential uses only.
(2)
Planned Commercial Development ("PD-C"): Planned
developments involving commercial uses only.
(3)
Mixed Use Developments ("PD-MxD"): Planned developments
involving a mixture of residential and non-residential uses.
(4)
Planned Development — Light Manufacturing
("PD-RxM"): The following uses are permitted as planned uses in a
"PD-RxM" District: marijuana cultivation facility, comprehensive marijuana
cultivation facility, medical marijuana-infused products manufacturing,
microbusiness wholesale facility, comprehensive marijuana-infused
products manufacturing facility, marijuana testing facility, marijuana
research facility, or marijuana transportation.
[Ord. No. 23-07, 5-17-2023]
b.
These subclassifications may be designated by the City at the
time of the original zoning of the parcel in question or the City
may make the designation at the time of development plan application.
In the instance of a request for a zoning map amendment, the applicant
shall request a specific subclassification; however, it shall be at
the discretion of the Board of Aldermen, in light of the recommendations
of the Planning and Zoning Commission as well as the surrounding neighborhood,
to grant the requested subclassification or require a more restrictive
one.
D.
Procedures For Planned Development Approval.
1.
Pre-Application Procedure. Prior to filing an application for
planned development approval, the prospective applicant shall request
a pre-application conference with the City's planning staff. Such
request shall include a brief and general narrative description of
the nature, location and extent of the proposed planned development
and a list of any professional consultants advising the prospective
applicant with respect to the proposed planned development. Upon receipt
of such request, the City planning staff shall promptly schedule a
conference.
2.
Preliminary Development And Final Development Plan Process. Applications shall be submitted to the City office with a request for a zoning district change to Planned Development District. Thereafter, such applications shall follow the process for development plans under Section 400.340(A). The applicant may be required to provide, at the applicant's expense, additional clarification and/or further detail of the preliminary plan as deemed necessary by the Planning and Zoning Commission.
E.
Area Regulations And Performance Standards. The area regulations
and performance standards applicable to the individual uses within
each planned development by designated subclassification shall be
as follows:
1.
Subclassification Requirements.
|
District
|
Subclassification Requirement
|
|---|---|
|
Planned Residential Development
|
Same as those in Sections 400.150 and 400.210
|
|
Planned Commercial Development
|
Same as those in Section 400.310
|
|
Planned Mixed Use Development
|
Those set out in the above-referenced Sections as applicable
to the individual uses contemplated by the plan
|
|
Planned Development — RxM
|
2.
Modifications.
a.
The approval of the preliminary development plan may provide
for such exceptions from the regulations of the underlying zoning
district as may be necessary or desirable to achieve the objectives
of the proposed planned development, provided such exceptions are
consistent with the standards and criteria contained in this Section
and have been specifically requested in the application for a planned
development and, further, that no modification of the above-referenced
regulations would be allowed when such proposed modification would
result in:
(1)
Inadequate or unsafe access to the planned development;
(2)
Traffic volumes exceeding the anticipated capacity
of the proposed major street network in the vicinity;
(3)
An undue burden on public parks, recreation areas,
schools, fire and Police protection and other public facilities which
serve or are proposed to serve the planned development;
(4)
A development which will be incompatible with the
proposes of this Chapter;
(5)
Detrimental impact on the surrounding area but
not limited to visual pollution.
b.
The burden of proof that the criteria above are not being violated
shall rest with the developer and not the staff, Board of Aldermen
or the Planning and Zoning Commission.
c.
When existing regulations as referred to in this Section are
deemed inadequate or unresponsive to the needs of the Planned Development
District, reference may also be had to the City's Urban Design Guidelines
as set forth in Appendix A to this Chapter.
[Ord. No. 20-21, 12-16-2020; Ord. No. 23-07, 5-17-2023]
A.
Intent. Because the City's relatively small size and lack of appropriate land for the use, the City's Zoning Regulations, Comprehensive Plan, and Land Use Map do not identify light manufacturing land uses as permitted. Additionally, while the City has not identified any specific areas in which manufacturing uses are permitted as of right, because the Missouri Constitution was amended to state that, "No local government shall prohibit medical marijuana cultivation facilities, marijuana Testing Facilities, medical marijuana-infused products manufacturing facilities, or medical marijuana dispensary facilities, or entities with a transportation certification either expressly or through the enactment of ordinances or regulations that make their operation unduly burdensome," [Article XIV, Section 1.7(10(a)] of the Missouri Constitution and "no local government shall prohibit marijuana facilities or entities with a transportation certification either expressly or through the enactment of ordinances or regulations that make their operation unduly burdensome in the jurisdiction" [Article XIV, Section 2.5(5)] of the Missouri Constitution, the City has created the "PD-RxM District." The "PD-RxM" District is intended to create a process for high quality light industrial/manufacturing developments that are not of density and intensity that will disturb the quiet enjoyment of the residential neighborhoods and retail commercial establishments, will not contribute to traffic congestion on Big Bend Road or Meramec Station Road, and will be of an intensity, location, and nature so as to be compatible with its surroundings and the City's Comprehensive Plan.
B.
Planned Uses. Any proposed "PD-RxM" District must follow the site development plan review procedure set forth in Section 400.340 and all requirements of Section 400.380, and shall only be permitted for one of the following "non-retail marijuana business" uses:
1.
Medical marijuana cultivation facilities;
2.
Comprehensive marijuana cultivation facilities;
3.
Medical marijuana-infused products manufacturing facilities;
4.
Comprehensive marijuana-infused products manufacturing facilities;
5.
Marijuana testing facilities;
6.
Transportation facilities; or
7.
Microbusiness wholesale facilities.
C.
Development Standards. Any use in this District shall meet the following
Standards:
1.
State License Required. All non-retail marijuana businesses (as defined in Section 400.385(B), above) must have the appropriate license and any other required authorization to operate the non-retail marijuana business from the Department to operate in the City. Applicant may seek zoning approval prior to being granted a State license, but no final approval shall be given until such State-issued license has been obtained and satisfactory proof of such licensure has been provided to the City. Continued operation in the City shall always require such licensure to remain valid.
2.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a fence which has been approved through the Development Plan process in Section 400.340.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested,
or otherwise consumed or administered on the premises of any non-retail
marijuana business except, in a marijuana testing facility when being
administered for testing purposes authorized by the Department.
4.
Odor Control And Nuisance. All non-retail marijuana businesses shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 215, Nuisances, of the City Code.
5.
Hours Of Operation. All non-retail marijuana businesses shall
be closed to the public between the hours of 10:00 P.M. and 8:00 A.M.
No persons not employed by the business shall be on the premises at
any time without being approved entry, logged in by building security
personnel and obtaining and displaying a visitor pass.
6.
Security. All non-retail marijuana businesses shall be secured
and closed to the public between the hours listed in this Subsection,
and no persons not employed by the non-retail medical marijuana facility
may be present in such facility at any time closed to the public.
All non-retail marijuana businesses shall have and maintain security
systems, equipment, and procedures at least as stringent as those
which are required by State regulations.
7.
Display Of Licenses Required. All non-retail marijuana businesses
shall display their license issued by the Department and any and all
licenses issued by the City in a prominent place in plain view near
the front entrance of the facility as required by State regulations.
8.
Accreditation, Standards, And Procedures — Testing Facilities.
Every marijuana testing facility shall, at all times, maintain in
good standing their accreditation as required by State regulations,
and utilize standards and procedures for personnel and for testing
marijuana in all forms which are at least as stringent as those required
by State regulations.
9.
Additional Requirements. All non-retail marijuana businesses shall comply with all generally applicable provisions of the Zoning Code of the City of Twin Oaks, all provisions of Article XIV of the Missouri Constitution as well as any and all rules and regulations promulgated by the Department regulating medical and adult-use marijuana, including, but not limited to, security requirements, lighting, parking, record maintenance and retention, and patient verification requirements.
10.
Buffer Strip. A buffer strip of not less than one hundred (100)
feet in width shall be provided along any perimeter of a commercial
development which adjoins an "A" Single-Family Dwelling District,
a "B" Single-Family Attached Dwelling District or a "D" Park District
(or equivalent district in an adjoining jurisdiction), except where
abutting a public street. No drive, walkway, parking space or vehicular
travel way shall occupy any portion of the buffer strip, provided
that the Board of Aldermen may require that the buffer strip be supplemented
with additional plantings, landscaping and fencing.
11.
Parking And Loading. Off-street parking and loading standards
must meet or exceed St. Louis County's requirements for these
uses.
12.
Warehousing. No building or premises occupied and used for any of the permitted principal uses identified in Section 400.280 of this Chapter shall have more than forty percent (40%) of its floor area devoted to storage or uses incidental to such permitted principal use nor more than five (5) persons employed at any time in such incidental use.
13.
Height Regulations. A building or structure shall not exceed
thirty-five (35) feet in height. Chimneys, rooftop mechanical appurtenances,
and other purely ornamental or mechanical accessories shall not be
considered for purposes of determining height.
14.
Area Regulations. The minimum area of yards and the minimum
lot area shall be as follows:
a.
Rear Yard. No main building or detached garage shall be erected
or structurally altered except that it shall be at least fifty (50)
feet from the rear of the lot line. An accessory building hereafter
erected or structurally altered shall be not less than thirty (30)
feet from the rear lot line.
b.
Side Yard. No building or structure shall be erected or altered
within thirty (30) feet of the side lot line. Where the side yard
is along a street, no building or structure shall be erected or altered
within fifty (50) feet of the side lot line.
c.
Front Yard. There shall be a distance of not less than sixty-five
(65) feet from the front line of the building to the centerline of
any highway or other road passing along the "PD-RxM" District.
d.
Frontage And Lot Area. Any lot within the "PD-RxM" District
shall have at least three hundred (300) feet frontage on Big Bend
or Meramec Station Road, consist of at least one and one-half (1.5)
acres, and a minimum lot width of three hundred (300) feet.
e.
Maximum Impervious Coverage. No building footprint shall exceed
more than fifty percent (50%) of the lot area nor shall the total
of impervious surface for any lot exceed seventy percent (70%) of
the lot area.
15.
Minimum Standards. The minimum standards for site design and building construction, reconstruction or use within a "PD-RxM" area shall be as set forth in Section 400.330.
16.
Screening. Screening of HVAC units, odor control systems, ventilation
systems and solid waste (trash) containers, heating, ventilating,
air conditioning and/or odor control units shall be fully screened
from public view by an element of the building or by a separate, permanently
installed screen or fence, extending a minimum of one (1) foot above
the equipment, harmonizing with the building in material color, size,
and shape. Refuse containers or refuse storage areas shall be hidden
from public view, either from within or outside the premises, by means
of fences, walls, or landscaped planting harmonizing with the building
in color, size, and shape.
17.
Additional Requirements. All marijuana transportation facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating marijuana, including, but not limited to, security requirements, inventory control systems and procedures, waste disposal, lighting, parking, and environmental factors.
